Decision  Adrian Aleman v. City of Boston

Date:	06/23/2015
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 017924-12, 029551-08
Location:	Boston

• Employee: Adrian Aleman
• Employer: City of Boston
• Self Insurer: City of Boston

FABRICANT, J. Both parties appeal from a decision awarding the employee § 34 benefits from January 23, 2013 and continuing, due to disability resulting from a July 25, 2012 "traumatic aggravation of underlying lumbar disc derangement." (Dec. 11.) The self-insurer argues the medical evidence supporting this finding is insufficient, and as a result the employee has not met his burden of proof pursuant to G. L. c. 152 § 1(7A).¹ We agree and reverse the decision. ²

¹ General Laws c. 152, § 1(7A), provides, in pertinent part:

If a compensable injury or disease combines with a pre-existing condition, which resulted from an injury or disease not compensable under this chapter, to cause or prolong disability or a need for treatment, the resultant condition shall be compensable only to the extent such compensable injury or disease remains a major but not necessarily predominant cause of disability or need for treatment.

² The employee argues error in the finding that he did not also suffer a work-related lower back injury on October 24, 2008. However, the employee concedes that finding may be based upon the credibility of the employee, the determination of which is the sole province of the trial judge. (Employee br. 4.) The employee’s further argument that the judge failed to consider associated treatment records is not supported by the record. Moreover, the records referred to do not, in and of themselves, establish the required causal relationship. We therefore summarily dismiss the employee’s appeal.